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PRELIMINARY ARTICLE
PINK HOLLY SWIMWEAR (HEREINAFTER REFERRED TO AS THE "COMPANY" CREATES, DESIGNS & SELLS THROUGHOUT THE WORLD LUXURY READY-TO-WEAR SWIMWEAR & FASHION ACCESSORIES FOR WOMEN CARRYING THE COMPANY'S LABELS SUCH AS; PINK HOLLY PINK HOLLY SWIMWEAR & PH DESIGNER WEAR
IN ORDER TO MEET ITS CUSTOMERS' WISHES TO THE BEST POSSIBLE EFFECT IN ADDITION TO THE BOUTIQUES RUN BY IT & DISTRIBUTION NETWORK THE COMPANY HAS SET IN PLACE SYSTEMS FOR THE DISTANCE SELLING HANDCRAFTED CUSTOM DESIGN ORDERS BY TELEPHONE & THE INTERNET
ARTICLE 1 | SCOPE OF APPLICATION
THESE STANDARD TERMS & CONDITIONS OF SALE ARE APPLICABLE TO ALL SALES OF ITEMS CARRYING THE COMPANY'S LABELS CONCLUDED AT A DISTANCE: (I) EITHER BY TELEPHONE OR THROUGH THE INTERMEDIARY OF THE CUSTOMER RELATIONS DEPARTMENT SET IN PLACE BY THE COMPANY (HEREINAFTER REFERRED TO AS: THE CUSTOMER RELATIONS DEPARTMENT) (II) OR THROUGH THE INTERMEDIARY OF THE COMPANY'S WEBSITE WHICH IS IDENTIFIED BY THE DOMAIN NAME WWW.PINKHOLLY.COM (HEREINAFTER REFERRED TO AS THE WEBSITE)
BY ACCEPTING ORDERS PLACED BY CUSTOMERS WHO ARE NATURAL PERSONS (AS DISTINCT FROM LEGAL ENTITIES) ACTING AS A CONSUMER (AS UNDERSTOOD BY THE LAW & CASE LAW) WHO HABITUALLY RESIDE IN THE TERRITORY OF THE UNITED STATES
WITH A VIEW TO DELIVERING TO THESE SAME CUSTOMERS ON THEIR OWN ACCOUNT OR TO ANY THIRD PARTY OF THEIR CHOICE WHO ALSO NORMALLY RESIDES WITHIN THIS TERRITORY & WHOSE CAPACITY IS LIKEWISE THAT OF A CONSUMER (AS UNDERSTOOD BY THE LAW & CASE LAW)
ALL STATES OF ITEMS CARRYING THE COMPANY'S LABELS EFFECTED THROUGH THE INTERMEDIARY OF THE CUSTOMER RELATIONS DEPARTMENT AND/OR THE WEBSITE ARE SUBJECT TO THESE STANDARD TERMS & CONDITIONS OF SALE WHICH THE CUSTOMER ACCEPTS. THESE TERMS & CONDITIONS APPLICABLE TO AN ORDER PLACED BY A CUSTOMER ARE THOSE IN FORCE ON THE DAY ON WHICH THE ORDER IS PLACED
ARTICLE 2 | IDENTIFICATION OF THE COMPANY MAKING THE OFFER
THIS WEBSITE WWW.PINKHOLLY.COM IS PUBLISHED BY PINK HOLLY LLC
CONTACT EMAIL: HSIMMS@PINKHOLLYSWIMWEAR.CO
ARTICLE 3 | INFORMATION CONCERNING ITEMS & LIMITATION OF LIABILITY
3.1 INFORMATION (CATEGORIES, CORPORATE NAMES, DEFINITIONS, REPRODUCTION OF ITEMS & DETAILED DESCRIPTIONS: PROPERTIES, CHARACTERISTICS & COMPOSITION, ETC) CONCERNING ALL ITEMS CARRYING THE COMPANY'S LABELS OFFERED FOR SALE AT A DISTANCE IS AVAILABLE IN ACCORDANCE WITH THE LEGAL & REGULATORY PROVISIONS APPLICABLE IN ALL PINK HOLLY BOUTIQUES ON THE WEBSITE OR VIA THE CUSTOMER RELATIONS DEPARTMENT FROM MONDAY-SATURDAY 7AM-8PM (WEST COAST) | 8AM-9PM (EAST COAST) EXCEPT FOR BANK HOLIDAYS
WHILE TAKING THE UTMOST CARE & ENSURING THE MAXIMUM DEGREE OF ACCURACY WHEN PLACING INFORMATION & DESCRIPTIONS OF THE VARIOUS ITEMS ONLINE & IN REGARDS TO THE DATA AVAILABLE FROM THE CUSTOMER RELATIONS DEPARTMENT OR ON THE WEBSITE OR FROM THE PINK HOLLY DESIGN BOUTIQUES & REGULARLY UPDATING THE SAID INFORMATION DESCRIPTIONS & DATA THE COMPANY CANNOT ACCEPT LIABILITY FOR ANY NON-SUBSTANTIAL ERRORS THAT MAY OCCUR. IN THE SAME WAY, ALTHOUGH PHOTOGRAPHS & OTHER REPRODUCTIONS OF THE ITEMS FOR SALE REPRESENT THEM FAITHFULLY ON THE WEBSITE & IN THE PINK HOLLY DESIGN BOUTIQUES WITHIN THE LIMITS OF THE AVAILABLE TECHNIQUES & IN ACCORDANCE WITH BEST MARKET STANDARDS THEY MAY NEVERTHELESS CONTAIN NON-SUBSTANTIAL ERRORS. THE CUSTOMER ACKNOWLEDGES THIS & ACCEPTS IT. AT ALL EVENTS IF AN ITEM DELIVERED IS NOT IN CONFORMITY WITH ITS DESCRIPTION THE COMPANY UNDERTAKES TO CORRECT THIS ERROR, AS PROVIDED FOR IN ARTICLES 13 & 14 BELOW
3.2 MORE GENERALLY, THE COMPANY CANNOT BE HELD LIABLE:
FOR INTERRUPTIONS OR DELAYS NOTED BY THE CUSTOMER RELATIONS DEPARTMENT OR ON THE WEBSITE OWING TO THE CARRYING OUT OF MAINTENANCE WORK OR OWING TO TECHNICAL BREAKDOWNS, FORCE MAJEURE OR TO THIRD PARTY OR TO ANY CIRCUMSTANCES WHATSOEVER OUTSIDE OF ITS CONTROL
IF IT IS IMPOSSIBLE FOR EITHER THE CUSTOMER OR THE COMPANY TO CONTACT THE CUSTOMER RELATIONS DEPARTMENT AND/OR MOMENTARILY IMPOSSIBLE TO ACCESS THE WEBSITE OWING TO FACTS OR ACTIONS OUTSIDE OF THE COMPANY'S CONTROL SUCH AS COMPUTER BREAKDOWNS OR THE INTERNET NETWORK OR FAULTS AFFECTING THE HARDWARE OR SOFTWARE THAT ENABLES RECEPTION OF THE SAID NETWORK, ETC
ARTICLE 4 | CONDITIONS CONCERNING THE PLACING OF AN ORDER FOR ITEMS
4.1 IN ORDER TO PLACE AN ORDER WITH THE CUSTOMER RELATIONS DEPARTMENT OR ON THE WEBSITE THE CUSTOMER MUST HAVE REACHED THE AGE OF MAJORITY MUST USUALLY RESIDE IN THE TERRITORY OF THE UNITED STATES ENJOY LEGAL CAPACITY & HOLD A CREDIT CARD AS DEFINED IN ARTICLE 9 BELOW
ORDERS RECEIVED WILL BE ACCEPTED WITHIN THE LIMIT OF THE AVAILABLE STOCKS. TO THAT END THE CUSTOMER WILL BE INFORMED AT THE TIME OF ACCEPTING THE ORDER EITHER BY THE CUSTOMER RELATIONS DEPARTMENT OR ON THE WEBSITE INFORMATION PAGE DESCRIBING EACH OF THE ITEMS
OF THE AVAILABILITY OF THE ITEM
OR IN THE EVENT OF TEMPORARY UNAVAILABILITY OF THE ITEM IN QUESTION OF THE POSSIBILITY OF ORDERING IT WITH A VIEW TO SUBSEQUENT DELIVERY WITHIN THE TIMEFRAME SPECIFIED ON THIS OCCASION
IF DESPITE THE COMPANY’S VIGILANCE THE ITEMS ORDERED ARE NO LONGER AVAILABLE THE COMPANY WILL INFORM THE CUSTOMER OF THIS BY ANY APPROPRIATE MEANS (TELEPHONE CALL OR EMAIL) AS SOON AS POSSIBLE
4.2 THE COMPANY IS COMMITTED TO RESPECT YOUR PRIVACY
OUR PERSONAL DATA PRIVACY POLICY IS AVAILABLE HERE
IN ADDITION, THE WEBSITE USES COOKIES. FOR MORE INFORMATION ABOUT THE USE OF COOKIES BY COMPANY, CUSTOMER IS INVITED TO LOOK UP COMPANY COOKIE POLICY AVAILABLE HERE
4.3 THE COMPANY RESERVES THE RIGHT TO REFUSE TO ACCEPT ANY ABNORMAL ORDER & IN PARTICULAR: (i) PLACED BY A CUSTOMER WITH WHOM THERE IS AN OUTSTANDING DISPUTE RELATING TO THE PAYMENT OF A PREVIOUS ORDER; OR (ii) THAT IS NOT COMPLIANT WITH THESE STANDARD TERMS & CONDITIONS OF SALE
IF THE COMPANY NOTES THAT THE ORDER DOES NOT MEET THESE STANDARD TERMS & CONDITIONS OF SALE (FOR EXAMPLE: AN INACCURATE DELIVERY ADDRESS OR AN ORDER THAT EXCEEDS THE ORDER THRESHOLDS) IT WILL INFORM THE CUSTOMER EITHER DIRECTLY ON THE WEBSITE OR BY TELEPHONE OR BY MEANS AN EMAIL. IF THE CUSTOMER FAILS TO CONTACT THE COMPANY IN ORDER TO CORRECT ANY INACCURATE ITEMS OF INFORMATION OR INFORMATION GIVEN IN HIS/HER ORDER THAT IS CONTRARY TO THESE STANDARD TERMS & CONDITIONS OF SALE THE COMPANY RESERVES THE RIGHT TO PURELY & SIMPLY CANCEL THE ORDER & THE CORRESPONDING PAYMENT
ARTICLE 5 | ORDERS PLACED BY TELEPHONE WITH THE CUSTOMER RELATIONS DEPARTMENT
TELEPHONE ORDERS CAN BE PLACED WITH THE CUSTOMER RELATIONS DEPARTMENT FROM MONDAY-FRIDAY 8AM-11PM (EAST COAST) & 7AM-9PM (WEST COAST) EXCEPT FOR BANK HOLIDAYS
ONCE THE CUSTOMER'S BANK HAS DEBITED THE CUSTOMER'S BANK ACCOUNT THE ORDER WILL BE DIRECTLY FORWARDED TO THE COMPANY DEPARTMENT RESPONSIBLE FOR PREPARING ORDERS FOR DISPATCH. ALL ORDERS PLACED IN THIS CONTEXT ARE BINDING ON THE CUSTOMER
ARTICLE 6 | ORDERS PLACED BY INTERNET ON THE WEBSITE
ORDERS PLACED ON THE WEBSITE ARE SUBJECT TO STRICT COMPLIANCE WITH THE PROCEDURES DESCRIBED BELOW WHICH ARE CONFIRMED BY A SUCCESSION OF DIFFERENT SCREENS ON WHICH THE SUCCESSIVE STEPS THAT THE CUSTOMER MUST IMPERATIVELY FOLLOW IN ORDER TO VALIDATE HIS/HER ORDER ARE DULY DISPLAYED
6.1 STEP ONE: THE CUSTOMER SELECTS THE ITEMS HE/SHE WISHES TO BUY
ON THE WEBSITE THE CUSTOMER SELECTS, REGISTERS AND VALIDATES THE IDENTIFICATION & QUANTITY OF THE ITEMS THAT HE/SHE WISHES TO ORDER (WHOSE AVAILABILITY WILL BE CONFIRMED, IF THIS IS THE CASE BY THE COMPANY); THESE ITEMS WILL BE ADDED TO HIS/HER SHOPPING BAG
6.2 STEP TWO: VERIFICATION OF THE ITEMS SELECTED
THE CUSTOMER MAY FREELY MODIFY ONLINE HIS/HER "SHOPPING BAG" CONTAINING THE ITEMS SELECTED, REMOVE AN ITEM INITIALLY SELECTED MODIFY THE QUANTITIES ORDERED OR ALTERNATIVELY ADD AN ITEM BY CLICKING ON THE CORRESPONDING ELEMENTS PLACED AT HIS/HER DISPOSAL IN THE "SHOPPING BAG" THE PRICE OF THE ITEMS SELECTED WILL BE AUTOMATICALLY DISPLAYED IN THE "SHOPPING BAG" AS DEFINED BELOW IN ARTICLE 8
6.3 STEP THREE: CONFIRMATION OF THE ITEMS SELECTED & VALIDATION OF THE ORDER
ONCE THE CUSTOMER HAS MADE HIS/HER SELECTION & WISHES TO VALIDATE THE CONTENTS OF HIS/HER "SHOPPING BAG" HE/SHE MUST NEXT IDENTIFY THEMSELVES
IF HE/SHE HAS AN ACCOUNT ON THE WEBSITE: BY HIS/HER EMAIL ADDRESS (USER ID & PASSWORD)
IF HE/SHE DOES NOT HAVE AN ACCOUNT ON THE WEBSITE: BY HIS/HER NAME, ADDRESS OF USUAL RESIDENCE TO WHICH THE ORDER WILL BE INVOICED TO HIM/HER & TELEPHONE NUMBER
THE CUSTOMER MUST ALSO VALIDATE
THE DELIVERY ADDRESS FOR THE ORDER IT BEING NOTED THAT THE SAID ADDRESS MAY CORRESPOND TO THE USUAL PLACE OF RESIDENCE OF A THIRD PARTY BENEFICIARY CHOSEN BY THE CUSTOMER OR FAILING THIS THE ADDRESS OF THE COMPANY IN WHICH THE THIRD PARTY BENEFICIARY PURSUES HIS/HER PROFESSIONAL ACTIVITY IF THIS IS LOCATED IN THE SAME TERRITORY
THE DISPATCH METHOD OPTED FOR (EXPRESS OR STANDARD POST) STANDARD CARRIAGE COSTS BORNE BY THE COMPANY;
AND, LASTLY THE CHOSEN PAYMENT METHOD
ONCE ALL THIS INFORMATION HAS BEEN DULY RECORDED & VALIDATED THE PRICE OF THE ITEMS AS DEFINED BELOW IN ARTICLE 8 & THE CARRIAGE COSTS IF ANY WILL BE AUTOMATICALLY DISPLAYED
AFTER COMMUNICATING THE NUMBER OF HIS/HER CREDIT CARD, IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 9 BELOW THE CUSTOMER MUST THEN CLICK ON THE "VALIDATE MY PAYMENT" BUTTON IN ORDER TO DEBIT HIS/HER BANK ACCOUNT
THE AUTHORIZATION TO DEBIT HIS/HER BANK ACCOUNT ISSUED BY THE CUSTOMER'S BANK WILL THEN BE DISPLAYED. THE CUSTOMER IS ADVISED TO REGISTER AND/OR MAKE A PRINT-OUT OF THIS DEBIT AUTHORIZATION. ONCE THE CUSTOMER'S BANK HAS AUTHORIZED THE DEBITING OF HIS/HER BANK ACCOUNT THE "SHOPPING BAG" WILL BE DIRECTLY FORWARDED TO THE COMPANY DEPARTMENT RESPONSIBLE FOR PREPARING ORDERS; THE CUSTOMER WILL THEN SEE HIS/HER ORDER NUMBER DISPLAYED
THIS ORDER WILL BE BINDING ON THE CUSTOMER AS FROM THE TIME WHEN THE "SHOPPING BAG" DULY FILLED & VALIDATED BY THE DISPLAY OF THE REGISTRATION PAGE FOR THE ORDER IS RECEIVED BY THE COMPANY
6.4 STEP FOUR: THE COMPANY'S ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER
THE COMPANY WILL THEN ACKNOWLEDGE HAVING RECEIVED THE ORDER BY MEANS OF AN EMAIL SENT TO THE EMAIL ADDRESS COMMUNICATED BY THE CUSTOMER. THE CUSTOMER FORMALLY AGREES TO THE COMPANY'S USING AN EMAIL FOR THE PURPOSE OF CONFIRMING THE CONTENT OF HIS/HER ORDER
THIS CONFIRMATION EMAIL WILL NOTE ALL THE INFORMATION COMMUNICATED BY THE CUSTOMER & WILL INDICATE WHERE RELEVANT ANY DIFFICULTIES OR RESERVATIONS CONCERNING THE ORDER (AVAILABILITY OF THE ITEMS ORDERED, DELIVERY TIMEFRAMES OR PAYMENT METHOD CHOSEN) IT WILL GIVE THE ORDER NUMBER ALLOCATED TO THE CUSTOMER BY THE COMPANY
6.5 STEP FIVE: DISPATCH OF THE ITEMS
AT THE TIME OF DISPATCH OF THE ITEMS ORDERED TO THE DELIVERY ADDRESS CHOSEN BY THE CUSTOMER THE COMPANY WILL SEND THE LATTER AN EMAIL INFORMING HIS/HER OF THE SOLD DISPATCH & THE DEBITING OF HIS/HER PAYMENT AS PROVIDED FOR BELOW IN ARTICLE 9
ARTICLE 7 | PROOF OF THE ORDER
GENERALLY SPEAKING IT IS EXPRESSLY AGREED BETWEEN THE COMPANY & THE CUSTOMER THAT EMAILS EXCHANGED BY THE PARTIES WILL HOLD GOOD & BE HELD TO BE AUTHENTIC AS WILL THE AUTOMATIC REGISTRATION SYSTEMS USED BY THE CUSTOMER RELATIONS DEPARTMENT OR USED ON THE WEBSITE ESPECIALLY AS CONCERNS THE NATURE & DATE OF THE ORDER. IN ADDITION THE COMPANY WILL KEEP THE ITEMS OF INFORMATION CONCERNING ANY ORDER WHOSE VALUE IS EQUAL TO OR GREATER THAN ONE HUNDRED & FORTY DOLLARS ($140) FOR A PERIOD OF TEN (10) YEARS. THIS INFORMATION WILL BE MADE AVAILABLE TO THE CUSTOMER ON HIS/HER SENDING A REQUEST TO THAT EFFECT TO: HSIMMS@PINKHOLLYSWIMWEAR.CO THE CUSTOMER IS NEVERTHELESS ADVISED IN THE CASE OF ORDERS PLACED ON THE WEBSITE TO ALSO KEEP A COPY (IN THE FORM OF A COMPUTER RECORD AND/OR A PAPER PRINT-OUT) OF THE VARIOUS ITEMS OF INFORMATION RELATING TO HIS/HER ORDER (FOR EXAMPLE THE EMAIL SENT BY THE COMPANY AS PROVIDED FOR IN ARTICLE 6.4 ABOVE)
ARTICLE 8 | PRICE OF THE ITEMS
THE PRICES COMMUNICATED BY THE CUSTOMER RELATIONS DEPARTMENT OR DISPLAYED ON THE WEBSITE ARE GIVEN IN U.S DOLLARS & DO NOT INCLUDE ALL TAXES APPLICABLE OR DELIVERY COSTS
THE PRICES DISPLAYED ARE THOSE IN FORCE AT THE DATE OF THE ORDER
THE AMOUNT OF THE TRANSPORT COSTS IF ANY: (I) WILL BE COMMUNICATED TO THE CUSTOMER RELATIONS DEPARTMENT; (II) WILL BE AUTOMATICALLY DISPLAYED IF RELEVANT ON THE WEBSITE AT THE TIME OF THE VALIDATION OF THE DISPATCH METHOD CHOSEN BY THE CUSTOMER AS STIPULATED IN ARTICLE 6.3 ABOVE & WILL ALSO BE COMMUNICATED TO THE CUSTOMER AT THE TIME OF CONFIRMING HIS/HER ORDER BY EMAIL
AT THE TIME OF DELIVERY THE CUSTOMER WILL RECEIVE WRITTEN CONFIRMATION OF THE PRICE PAID FOR EACH ITEM & THE DELIVERY COSTS CHARGED