GENERAL TERMS AND CONDITION OF SALE
The following General Terms and Conditions of Sale govern the sale of products on our website www.eedny.com(the “Website”). The products purchased on the Website are sold by Exclusive European Designers Outlet (the “Vendor”),
Any inquiries should be addressed to our Customer Care service. For further assistance, please go to our Customer Care area, where you will find information on purchases, shipping, refunds and returning products purchased on the Website.
1. Our Business Policy
The Vendor offers its e-commerce business services exclusively to adult users of the Website who are at least eighteen (18) years of age (the “Users” or “you”) for personal use and not for resale.
The Vendor reserves the right not to accept purchase order proposals for any or no reason, including without limitation orders proposals that do not comply with the Vendor’s business policies, such as order proposals for which there are reports or suspicion of fraudulent or illegal activity. In such cases, the Vendor will inform the User in writing that the order proposal has not been accepted.
The order proposals transmitted to the Vendor and the returns made by the users must also match with normal consumer needs. The Vendor monitors the number of order proposals and returns.
These General Terms and Conditions of Sale regulate only the transmission by the User(s) of the Website and the acceptance by the Vendor of order proposals relating to products on the Website.
The General Terms and Conditions of Sale do not apply to the provision of services or the sale of products by third parties whose links, banners or other hypertext connections are posted on the Website. Before placing orders and/or purchasing products and/or services from third parties, we recommend that you review their respective terms and conditions and other applicable policies. Under no circumstances shall the Vendor be deemed liable for services supplied by third parties or for e-commerce transactions entered into by the Users with third parties.
2. Placing of Orders
To purchase one or more products on the Website, you must fill out the online order proposal form and send it electronically to the Vendor, following the applicable instructions. After this, you will receive an e-mail from the Vendor acknowledging receipt of your order proposal. This email is an acknowledgement that the Vendor has received your order proposal, and does not confirm acceptance of it.
Before sending your order proposal, we ask that you carefully read these General Terms and Conditions of Sale in full and the Return Policy. We also suggest that you print a copy using the print option and keep it for your records.
Before sending your order proposal, we will provide you with:
- a summary of the main characteristics of each product ordered and an itemized list of each product’s unit price (including all applicable fees and taxes);
- the total amount to be paid and the applicable terms of payment;
- available payment methods;
- shipping methods, place of delivery and shipping and delivery costs (including any additional fees you may be charged if you choose expedited shipping or shipping different from standard shipping);
- any additional charges payable to a third party which amount cannot be determined by the Vendor (such as customs duties);
- the currency in which amounts are expressed;
- the estimated delivery date of the products.
Your order proposal is an irrevocable offer to buy the products. Therefore before submitting the order proposal form, you will be asked to identify and correct any possible input errors.
The order proposal shall be deemed completed when the Vendor receives your order form electronically, the order information has been verified as correct and the Vendor accepts the order by sending a second email confirming the acceptance of the order proposal and the dispatch of the products. This email will contain the General Terms and Conditions of Sale and a summary of the Return Policy. The Vendor shall not be bound to supply any products which may have been part of your order until the order of such products has been confirmed in the shipment confirmation email.
You may access your order proposal form in the “My Orders” section. The information contained in the order proposal form will be kept in our system only for the time required to process it and as otherwise required by applicable law.
Order proposals are processed in the order they are received. The Vendor may not process order proposal that are incomplete or incorrect, or if the products are no longer available.
In this event, we shall inform you via e-mail that the Vendor has not accepted your purchase order proposal, specifying the reasons thereof. If the products displayed on www.eedny.com are no longer available or for sale at the time your order is received, then the Vendor shall inform you of the unavailability of the products you wish to purchase within thirty (30) days from the day you submit your order proposal to the Vendor.
The Vendor reserves the right not to accept order proposals in the cases outlined in sub-section 1.2.
3. Products and Prices
The Website exclusively sells luxury and top-quality products. These products are purchased by the Vendor directly from fashion houses, manufacturers and dealers, carefully selected for their stringent quality control.
The Vendor does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards. Only vintage products, which are sold in a specific area on the Website, may be second hand and/or in a worn condition because of the particular nature of the product. In the description of each vintage product, the Vendor will specify the preservation conditions of the products if different from the standards set by the market.
The Vendor reserves the right to modify or discontinue any product offered for sale on the Website at any time without notice.
The main characteristics of the products are shown on each product page on the Website. The images and colors of the products displayed on the Website are shown for information purposes only and may not correspond exactly to the actual appearance, size and color of the garments, due to among other things the settings of your Internet browser or monitor used.
Prices are subject to change. Please check the final price before sending your order proposal form. The prices for the products shall be as quoted on the Website from time to time, except where there is an apparent error. All prices listed on the Website are in the currency that corresponds to your browsing preference on the Website (i.e., prices are quoted in United States dollars if you are browsing on the United States version of the Website and in Canadian dollars if you are browsing on the Canadian version of the Website). In the event of a recognizable error in the indication by the Vendor of the product price or calculation of the amount requested at payment, the Vendor will not accept your order proposal and contact the user to offer them the opportunity to purchase the product(s) at the correct price or to cancel the order. If we are unable to contact you, the order will be treated as cancelled. Prices do not include sales taxes, which will be added at checkout. The amount of sales tax charged on your order will depend upon various factors, including type of item purchased, sales price and destination of the shipment and applicable law. Sales tax regulations may change between the time you place an order and the time of credit card charge authorization and this may affect the calculation of sales taxes. The amount appearing on your payment page of the cart may differ from the sales taxes ultimately charged as indicated in the invoice you will receive with the shipping confirmation e-mail.
The Vendor will not accept order proposals from countries not listed on the Website.
Payment of the price of the products, shipping and delivery costs must be made using one of the methods indicated on the order proposal form. Shipping and delivery costs are non-refundable.
5. Discount codes
Discount codes are personalized codes, which allow you to take advantage of a discount on your purchase on the Website.
The DISCOUNTCODE box is displayed on the first page of the Checkout: after you have inserted your items in the Shopping Bag and entered your code, press New Total. In the pop-up window, you will need to select the item to which you wish to apply your voucher. Select the item and press APPLY. Discount codes can be used only on a single item from your order proposal, therefore any other item inserted in the Shopping Bag will not receive a discount.
Restrictions to the use of Discount codes:
The Discount codes can be used only once, with the exception of returns.
The Discount codes cannot under any circumstances be exchanged for money.
You may not use more than one Discount code per order proposal.
The Discount code may only be applied to one item per order proposal.
The Discount code can be applied only to items with a higher value than the code itself.
The Discount code cannot be applied to any Sample Sale item.
6. Shipping and Delivery
Once your order is shipped, we will e-mail you a shipping confirmation with a tracking number to enable you to track your package at all times. For information about product shipping and delivery procedures, please visit the Customer Care area. Please read the Customer Care section carefully, as the information provided therein is an integral part of these General Terms and Conditions of Sale and, therefore, you will be deemed to have read and accepted them when you submit your order.
Delivery dates indicated in any order proposal form or order confirmation are estimates only and shall not be deemed a representation by the Vendor. The Vendor will not be liable for failure to ship or deliver the products as estimated, and you will not be entitled to any refunds or cancellation of orders as a result of delayed shipment.
You bear all risks of loss and damage to the products
from the time the same have cleared our fulfillment
house. Title to the products passes to you upon
acceptance of shipment by a common carrier.
7. Customer Care
If you have any questions, please contact our Customer Care before placing your order. For more information, please visit the Customer Care area.
8. Return Policy
Please review our Return Policy prior to completing your purchase.
9. Limitation on Liability
THE VENDOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS INCLUDED IN THE WEBSITE NOR AS TO THE MERCHANDISE BEING SOLD TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE VENDOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON THE ORDER CONFIRMATION. THE VENDOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, OPPORTUNITY OR DATA.
NOTHING IN THE FOREGOING DISCLAIMER OF LIABILITY LANGUAGE SHALL SERVE TO DENY ANY CONSUMER, THAT IS A RESIDENT OF NEW JERSEY, (I) THE RIGHT TO BRING A PRODUCT LIABILITY CLAIM UNDER THE NEW JERSEY PRODUCT LIABILITY ACT, N.J.S.A. 2A:58C-1, (II) THE ABILITY TO SEEK PUNITIVE DAMAGES OR (III) THE ABILITY TO SEEK CONSEQUENTIAL DAMAGES IN INSTANCES OF INJURY TO THE PERSON IN THE CASE OF CONSUMER GOODS.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE VENDOR IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, THE VENDOR’S LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.
CERTAIN STATE LAWS SIMILARLY DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. Force Majeure
The Vendor shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
11. Errors and Inaccuracies
Our goal is to provide complete, accurate, and up-to-date information on the Website. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any errors, inaccuracies or omissions, including after an order proposal has been submitted and you have received the email confirming receipt of the order, and to change or update information at any time without prior notice.
12. Governing Law and Dispute Resolution
These terms are governed by New York law. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought solely in the City of New York, State of New York. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
13. Amendments and Updates
The Vendor may amend or update all or any part of the Website policies including these General Terms and Conditions of Sale at any time in its sole discretion. Any amendments or updates to the General Terms and Conditions of Sale shall be effective upon publication in their respective sections of the Website. Please access the General Terms and Conditions of Sale on the Website regularly in order to check whether the General Terms and Conditions of Sale have been updated. If any provision of any part of these General Terms and Conditions of Sale shall be deemed invalid, void or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining General Terms and Conditions of Sale.