These Terms shall apply to any order placed from an available international country. By accessing, browsing, using, viewing, reading, printing, or downloading any material from the Site, or registering with the Site, You represent and warrant that You have read, understood and You agree to be legally bound by:
- These Terms;
- The terms and conditions of use of our partner Borderfree, available at: www.Borderfree.com/terms and www.Borderfree.com/privacy.
CHOICE OF LAW/JURISDICTION
These Terms supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in Los Angeles in the state of California, United States of America. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SUBMISSIONS BY YOU
All material, content and information including but not limited to technical, contractual, product, program, pricing, marketing, and other valuable information, and data, text, software, music, sound, photographs, graphics, video, messages, reviews or other materials ("Material") on the Site shall be and remain the property of BCBG Max Azria or its respective owners. BCBG Max Azria may amend these Terms at any time by posting the amended terms on this Site.
You agree that You are solely responsible for any Material posted or submitted by You. You represent and warrant that You own or otherwise control all of the rights to Material submitted by You and that no use of such Material by BCBG Max Azria will infringe or violate any rights of any third party. You agree to defend, indemnify and hold BCBG Max Azria and its affiliated, subsidiaries, agents, representatives, employees, officers, directors, licensees, sponsors, partners, suppliers and contractors (collectively the "Affiliates") harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any Material posted or submitted by You. BCBG Max Azria reserves the right, at any time and in its sole discretion, to delete, move or edit any Material posted or submitted by You.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by You to BCBG Max Azria on this Site or otherwise disclosed, submitted or offered in connection with Your use of this Site (collectively "Comments") shall be and remain BCBG Max Azria's property. Any such disclosure or submission of Comments shall constitute an assignment to BCBG Max Azria of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. BCBG Max Azria will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. BCBG Max Azria is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay any compensation for Comments; or (3) to respond to any Comments.
CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Site. You acknowledge and agree that BCBG Max Azria is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. BCBG Max Azria will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
BCBG MAX AZRIA PRODUCTS
The BCBG Max Azria products displayed on this Site may be available through this Site or at select BCBG Max Azria retail stores in the United States of America and foreign markets. However, BCBG Max Azria cannot guarantee that the products appearing on this Site will be available through this Site or at every authorized BCBG Max Azria retailer; availability and selection are subject to supply. All product descriptions, specifications, colors, and prices are subject to change by BCBG Max Azria at any time without notice. For United States customers, prices displayed on the Site are quoted in U.S. Dollars. For International customers, prices are displayed in designated Borderfree currency, which is in customer’s local currency in most cases, but in US Dollars for some International countries. BCBG Max Azria will display colors of products as accurately as possible, however BCBG Max Azria cannot guarantee that Your monitor will display the correct colors. The particular technical specifications and settings of Your computer and its display could affect the accuracy of its display of the colors of products offered herein.
Products offered for sale on this Site are for Your personal use only, not for re-sale. BCBG Max Azria reserves the right to limit the quantity of products purchased, and to refuse or cancel any order that we believe would violate any of these Terms, BCBG Max Azria business practices, applicable laws or policies.
Please contact BCBG Max Azria at firstname.lastname@example.org or 888.870.4710 in the United States or 972.421.9850 for International customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT if You need assistance with ordering products on this Site.
INTELLECTUAL PROPERTY RIGHTS
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Materials or the Site, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. All Materials and content on this Site are the exclusive property of BCBG Max Azria and protected by U.S. and international copyright laws.
"BCBG Max Azria Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans, graphics and other designations BCBG Max Azria uses in connection with its products and services, including but not limited to BCBG MAX AZRIA, and MAX AZRIA. You may not remove or alter any BCBG Max Azria Trademarks, or use the BCBG Max Azria Trademarks, without BCBG Max Azria's prior written consent. You acknowledge BCBG Max Azria's rights in BCBG Max Azria Trademarks and agree that any use of BCBG Max Azria Trademarks by You shall inure to BCBG Max Azria's sole benefit.
Certain activities provided via the website may be covered by U.S. Patent 5,930,474.
DISCLAIMER OF WARRANTIES
THIS SITE AND ITS MATERIAL ARE PROVIDED "AS IS" FOR YOUR USE. TO THE EXTENT PERMITTED BY LAW, THIS SITE AND ITS MATERIAL ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BCBG MAX AZRIA DOES NOT WARRANT OR GUARANTEE THAT ALL MATERIAL IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE AND ITS MATERIAL AND PRODUCTS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL MATERIAL IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND BCBG MAX AZRIA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE AND THE PRODUCTS, SERVICES AND MATERIAL AVAILABLE FROM THIS SITE. YOUR USE OF THIS SITE AND ITS MATERIAL IS ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BCBG MAX AZRIA BE LIABLE UNDER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER OR NOT BCBG MAX AZRIA OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, EXCEPT WHERE PROHIBITED BY LAW.
You agree to defend, indemnify and hold BCBG Max Azria harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees and legal costs) arising from or in connection with Your use or misuse of this Site and the Material or Your violation of any provision of these Terms.
BCBG Max Azria controls and operates the Site from the United States, and all information is processed within the United States. BCBG Max Azria does not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with Your use of the Site. By visiting and using the Site, You acknowledge these restrictions and agree that either You are not subject to them or You will comply with all applicable laws regarding the transmission of technical data exported from the United States.
Without prejudice of the liability provisions as stated in the Terms above, You recognize and agree that BCBG Max Azria shall in no event be liable in case of a failure to deliver the product(s), torn package(s) or any other cause beyond the control of BCBG Max Azria, which would remain the sole responsibility of Borderfree.
EXCHANGE RATES, DUTIES AND TAXES
Duties and taxes are set by the destination country customs authorities, on the basis of the following parameters:
- The country of origin (manufacturing) of the products being purchased.
- The classification of such products in accordance with a harmonized system adopted and used by the countries that Borderfree supports.
- International taxes, such as Value Added Tax (VAT) are set by the destination country.
International taxes, tariffs and value-added tax (VAT) are calculated into your final order total during checkout and can be viewed under the heading, "Duties & Taxes." Then, the guaranteed amount to be paid will be indicated at checkout.
Your account is billed by Borderfree when your package is shipped to its final destination. The charge appears as "BF*HerveLeger.com."
For more information, please contact BCBG Max Azria via email at email@example.com or by phone at 888.870.4710 in the United States or 972.421.9850 for international customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT.
For any order under these Terms, the language available for the conclusion of a contract is English only, which language shall be controlling in all respects. Furthermore, all communications and notices made or given pursuant to an International order shall be in the English language exclusively.
For more information, please refer to the International FAQ section of the site http://www.herveleger.com/International-Ordering-Information/cs-international-faq,default,pg.html or contact BCBG Max Azria at firstname.lastname@example.org or 888.870.4710 in the United States or 972.421.9850 for International customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT.
Right of Withdrawal
All European Union customers have the right of withdrawal. If You purchase products on the Site, You have fourteen (14) days from the date of receipt of your orders to exercise your right of withdrawal.
If a European Union customer cancels their order during this 14-day period, Borderfree will reimburse the customer for the cost of the product(s) AND any extra fees (e.g. shipping) paid by the customer to receive the item within fourteen (14) days after we receive the item at our facilities in the United States.
You may contact email@example.com to exercise Your right of withdrawal for any product You may have purchased. Please quote Your order # as reference in this correspondence. The guest services member contacted will confirm the cancellation process for Your product(s) and inform You of the total amount of refund.
You will not be entitled to a refund if the product has been damaged by You.
In particular, shoes must be returned unmarked and in the original shoe box, and swimwear must be returned with the original sanitary lining and packaging intact.
Please return the product in its original packaging to Borderfree. The address will be provided to You in the Return Authorization Email.
If You are not happy with Your purchase, You may contact firstname.lastname@example.org. Please quote your order # as reference in this correspondence. If Your product is eligible for return, the guest services member contacted will confirm the return process for Your product(s) and inform You of the total refund.
Once the confirmation for returning the product(s) is granted by BCBG Max Azria by email (hereinafter “Return Authorization Email”), please follow the return instructions provided to You.
Any returned product will remain Your responsibility until it is received by BCBG Max Azria.
Returns must be postmarked within thirty (30) days from the date your order is received.
When returning products, you must pay all return fees, including shipping cost for returning the products, Taxes and Duties.
For further assistance, please contact BCBG Max Azria at email@example.com or 888.870.4710 in the United States or 972.421.9850 for International customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT.
Returns and Cancellations will be processed back by Borderfree to Your original form of payment.
Please allow up to 14 days from receipt of your return at our returns facility in the United States for Your credit to be processed with Your financial institution.
If You have additional questions about how to make purchases on herveleger.com, feel free to contact BCBG Max Azria at firstname.lastname@example.org or 888.870.4710 in the United States or 972.421.9850 for International customers, seven days per week between the hours of 10 A.M. and 12 A.M. EST/EDT.